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I always wonder with backend-type stuff like this whether it's even possible to enforce such a patent. Since the algorithms used for pricing, and even the very

I always wonder with backend-type stuff like this whether it's even possible to enforce such a patent. Since the algorithms used for pricing, and even the very act of dynamic price adjustment can remain hidden from the end user, I wonder how Uber would even be able to enforce something like this. If I own a company and I have algorithms running on my servers, how would they ever be able to prove that I'm using what they've patented? If all they see is price adjustment, I don't understand how they could ever submit a claim to the court. Seems like they'd have to get cold, hard evidence from an insider to be able to provide that that's what's happening. I'm assuming that such information would only be obtainable through an illegal leak, making it inadmissible. Seems like this is fundamentally a useless patent because it's not even enforceable. At least if they patented something UX-related, they can spot it and submit evidence. Am I missing something about the nature of this patent? Or is it really stupid on two counts?

lukifer 12y ago
The ambiguity actually works in Uber's favor: as long as there is the tiniest thread of plausibility that you are using a similar price algorithm, they can convince a judge to tie you up in court, burning time and legal fees while the onus is on you to prove otherwise.
- kartikkumar 12y ago
  That seems backwards to me. Why is the onus on the company being accused? Surely Uber in that case has to provide the proof. Otherwise it seems to me like a case of trying to prove that a unicorn doesn't exist. I'm not well-versed in legal protocol but I'd hope in any case that it would be reverse. And finally, would other parties using pricing tech already, e.g., airlines, be able to sue for issuing a bad patent, e.g., [1], on the ground of prior art? [1] http://patentlyo.com/patent/2012/12/suing-the-uspto-for-issuing-bad-patents.html http://patentlyo.com/patent/2012/12/suing-the-uspto-for-issu...

lukifer 12y ago

The ambiguity actually works in Uber's favor: as long as there is the tiniest thread of plausibility that you are using a similar price algorithm, they can convince a judge to tie you up in court, burning time and legal fees while the onus is on you to prove otherwise.

kartikkumar 12y ago
That seems backwards to me. Why is the onus on the company being accused? Surely Uber in that case has to provide the proof. Otherwise it seems to me like a case of trying to prove that a unicorn doesn't exist. I'm not well-versed in legal protocol but I'd hope in any case that it would be reverse. And finally, would other parties using pricing tech already, e.g., airlines, be able to sue for issuing a bad patent, e.g., [1], on the ground of prior art? [1] http://patentlyo.com/patent/2012/12/suing-the-uspto-for-issuing-bad-patents.html http://patentlyo.com/patent/2012/12/suing-the-uspto-for-issu...